Flexible working – New rights for parents

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If you need to change your hours: from 6 April 2003, you have the right to apply for flexible working if you have a child younger than six, or younger than 18 in the case of disabled children.
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Are you entitled to apply? To be eligible, you must have completed 26 weeks continuous service with your employer. There will be a formal procedure for you and your employer to follow.
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Can men apply? Yes, employers must treat applications from men and women in exactly the same way.
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Rights under the Sex Discrimination Act: as a mother with childcare commitments, you have the right to challenge a refusal to allow you to work flexibly if there is no objective reason for the refusal. This is an ongoing right under the Sex Discrimination Act, independent of the new rights for parents of young children. Men can also use the Sex Discrimination Act to challenge a refusal to allow flexibility for caring reasons if they are treated less favourably than female colleagues.
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More parental leave: from 6 April 2003, the law will allow fathers to take two weeks paid paternity leave, maternity rights will be improved and there will be new rights for people adopting a child.

The Equal Opportunities Commission’s Ten Top Tips for parents:

1. Consider all the options: for example, you can apply to change the number of hours you work, what time you work, or to work from home.

2. Apply as soon as you know what your needs are: to allow time for discussion and negotiation, and for your employer to put alternative arrangements in place to cover the work.

3. Be very clear about the changes you want: remember that you can only make a request once a year. Any changes agreed will be written into your contract of employment.

4. If you have more than one flexible working option: describe them all to your employer, saying which is your preferred choice and why.

5. Explain how the work could be managed around your changed hours: you may have suggestions that your employer has not considered.

6. Emphasise your continued commitment to the organisation: remind them of the skills and experience you bring to the job and outline any circumstances in which you could provide additional cover to cater for emergencies.

7. Know your rights: the new procedure is not an automatic right to work flexibly but your employer must treat your request seriously.

8. What if your employer refuses? If your employer refuses your request, they must justify their decision in writing. If they don’t follow the correct procedure, you have the option take your claim to an employment tribunal.

9. Sex discrimination: you may have a claim under the Sex Discrimination Act if you feel that your request for flexible working has been refused because of your sex, or if it is granted on condition that you accept a demotion.

10. Want to know more? For more information contact the Equal Opportunities Commission helpline on 0845 601 5901 or log on to www.eoc.org.uk.